Members of the National Guard stationed outside Union Station in Washington, D.C., on Aug. 18, 2025. (Photo by Jane Norman/States Newsroom)

The District of Columbia’s attorney general sued the Trump administration Thursday over the ongoing presence of National Guard troops in the nation’s capital, arguing the deployment amounts to a military occupation that violates the district’s right to self-rule.

President Donald Trump’s deployment of D.C. National Guard troops and units from states outside the district violates laws against using the military for domestic law enforcement and a 1973 federal law allowing the district to govern itself, D.C. Attorney General Brian L. Schwalb wrote in a complaint in federal court in the district.

“No American jurisdiction should be involuntarily subjected to military occupation,” the complaint says, adding that Trump’s “command and control of out-of-state National Guard units when they are in state militia status violates the Constitution and federal law.”

The administration’s actions, which Trump has characterized as an attempt to control crime in the city, “flout the Posse Comitatus Act,” a 19th-century law, and other sections of federal law that “enshrine the nation’s foundational prohibition on the participation of military forces in domestic law enforcement absent the most extreme exigencies, such as an invasion or rebellion,” the complaint said.

“Defendants have established a massive, seemingly indefinite law enforcement operation in the District subject to direct military command. The danger that such an operation poses to individual liberty and democratic rule is self-evident,” the complaint said.

Despite a Tuesday morning ruling from a federal judge in California that called Trump’s use of military personnel for law enforcement in Los Angeles illegal, the president has continued to explore further use of Guard units for what he said is crime prevention in other U.S. cities. 

The suit asks U.S. District Judge Jia Cobb to block the administration from any further use of National Guard troops for law enforcement and to block states’ National Guard troops from operating in the district. 

White House spokespeople did not return a message seeking comment Thursday.

Out-of-state Guard deployments questioned

States with a military presence in the district cited in the suit are Louisiana, South Dakota, Ohio, West Virginia, Tennessee, Mississippi and South Carolina.

Those states’ Republican governors all responded to requests from Trump to send Guard troops, according to the complaint.

But Trump did not federalize any of the state National Guard units patrolling the district, meaning they remain legally under the command of their governors and cannot enter another state or the district without a request from the governor or the mayor of Washington, D.C., according to the suit.

Late last month, Schwalb’s office sent letters to the leaders of states that had deployed troops to the district, asking for information “regarding the factual and legal basis for” their decision to send troops.

Only Tennessee responded, and offered only limited information, the complaint said.

While legally still under their governors’ control, the suit says the out-of-state troops are in practice under the control of Trump and the U.S. Department of Defense.

Police-military separation tested by Trump

As president, Trump does control the D.C. National Guard. But he cannot use its members for domestic law enforcement under the Posse Comitatus Act, the complaint said.

D.C. and out-of-state National Guard troops have been doing just that, the complaint said. 

U.S. Marshals, a federal law enforcement agency, has deputized at least some troops in the district. The troops, who are armed with service weapons, have patrolled district streets, including in residential areas, the complaint said.

“These are law enforcement activities,” the suit said.

While the 9th U.S. Circuit Court of Appeals ruled this year that Trump has broad authority to federalize state National Guard troops — even over a governor’s objection — U.S. District Judge Charles R. Breyer ruled this week that those troops still may not engage in law enforcement activity.

Trump, who has mused about sending troops to other cities including Chicago, Baltimore and New Orleans, is testing the legal limits of the Guard’s ability to assist police forces, University of Houston Law Center Professor Christopher Mirasola said in an interview this week before the District of Columbia suit was filed. 

While a bedrock principle of U.S. democracy, the separation of military from law enforcement is governed more by norms than laws, Mirasola said, giving the administration leeway to at least try to stretch what has been considered acceptable.

“The administration is pushing the bounds of every existing legal theory that’s out there for domestic military deployment,” he said. “It’s absolutely corrosive of our democracy, because I think there’s a potential for a real shift in how we think about the military’s role in our domestic affairs.”

Federal Bureau of Investigation and Metropolitan Police Department officers conduct a traffic stop near the U.S. Capitol on Aug. 14, 2025 in Washington, D.C.  (Photo by Kayla Bartkowski/Getty Images)

WASHINGTON — The Department of Justice will rewrite an order from Attorney General Pam Bondi that initially placed a Trump administration official in charge of the District of Columbia’s police force, after an emergency hearing late Friday afternoon on a lawsuit filed by the district.

Attorneys on behalf of the Justice Department told District of Columbia Judge Ana C. Reyes they would rewrite Section 1 of Bondi’s order by a deadline the judge set of 6:30 p.m. Eastern Friday.

In that section, Bondi’s late Thursday order named Terry Cole, administrator of the Drug Enforcement Administration, as head of the Metropolitan Police Department.

District of Columbia Attorney General Brian Schwalb called that move a “brazen usurpation of the district’s authority” in his suit filed early Friday against the Trump administration.

Reyes, who was nominated by former President Joe Biden, said if she did not receive the new order by the deadline, she would issue a temporary restraining order against the DOJ. She said she found that section of Bondi’s order “plainly contrary to statute” of the district’s Home Rule Act of 1973.

The exact changes to the order were not immediately available.

District filed suit Friday

Schwalb early Friday sued the Trump administration for taking control of the Metropolitan Police Department’s 3,400 officers.

The suit in U.S. District Court for the District of Columbia argued that President Donald Trump’s Monday executive order to federalize the district’s police force “far exceeded” the president’s authority under the Home Rule Act of 1973 that allows Washingtonians to elect their local leaders, but gives Congress control over local laws and the district’s budget.

Trump has warned he may pursue similar action in other Democratic-led cities that he sees as having “totally out of control” crime, though experts have questioned the legality and mayors already have raised objections.

“This is the gravest threat to Home Rule DC has ever faced, and we are fighting to stop it,” Schwalb, a Democrat elected in 2022, wrote on social media. “The Administration’s actions are brazenly unlawful. They go well beyond the bounds of the President’s limited authority and instead seek a hostile takeover of MPD.”

District Mayor Muriel Bowser pushed back on Bondi’s order, and wrote on social media that “there is no statute that conveys the District’s personnel authority to a federal official.”

“Let us be clear about what the law requires during a Presidential declared emergency: it requires the mayor of Washington, DC to provide the services of the Metropolitan Police Department for federal purposes at the request of the President,” she said. “We have followed the law.”

The suit asks for a judge to vacate Bondi’s order and an order to prevent the Trump administration “from issuing any future orders or directives or taking any other action that attempts to place MPD under the control of anyone other than the Mayor and the Chief of Police, otherwise assert operational control over MPD, or otherwise attempt to direct local law enforcement activities.”

The suit does not challenge Trump’s decision to deploy 800 National Guard members to the district. Because the district, home to more than 700,000 residents, is not a state, the president has the sole authority over the National Guard members.

Carjacking preceded Trump order

Trump earlier this week declared a “crime emergency” after a former U.S. Department of Government Efficiency, or DOGE, official was injured on Aug. 3 in an attempted carjacking incident around 3 a.m. Eastern near the Logan Circle neighborhood. Two Maryland teenagers were arrested on charges of unarmed carjacking in connection with the incident.

Violent crime in the district is at a historic 30-year low.

The suit notes Trump’s previous comments about his plans for the district, from his time as a 2024 presidential candidate to his most recent remarks about taking over control of the district while at a February press conference.

“I think that we should govern the District of Columbia … I think that we should run it strong, run it with law and order, make it absolutely flawless … And I think we should take over Washington, D.C. … We should govern D.C. The federal government should take over the governance of D.C.,” Trump said in the court document.

Advocates and local leaders have criticized the president’s decision, arguing that the move is nothing more than an extension of the administration’s immigration crackdown. Checkpoints have popped up all over the city in communities with a high immigrant population. 

Additionally, the district’s police chief Thursday issued a new order to allow local police to aid federal officials in immigration enforcement for immigrants not in police custody.

Trump praised Thursday’s order, calling it “a very positive thing,” especially at checkpoints in the district.

“When they stop people, they find they’re illegal, they report them, they give them to us,” he said.